Docket No. 2242-19  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  

Subj: REVIEW OF NAVAL RECORD 

Ref:  (a) Title 10 U.S.C. §1552 

Encl: (1) DD Form 149 w/attachments 
      (2)BUPERS memo 1160 Ser B328/101 dtd 29 Apr 19 
      (3) Subject’s naval record 

1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish entitlement to a zone “A” Selective Reenlistment Bonus (SRB). 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 February 2020 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicable statutes, regulations and policies. 

3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows: 

a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 

b.  In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action:  Petitioner submitted for reenlistment and did not meet the 35-day rule for SRB eligibility.  However, Petitioner’s command should have requested a 35-day waiver from BUPER-328.  The request was never submitted to BUPERS-328.  If command submitted the 35­day waiver, Petitioner could have executed a 5-year reenlistment on 20 January 2019 prior to the operative date of the 24-month extension on 21 January 2019.  

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

SRB and 35-day waiver request was submitted, received and approved by cognizant authority via OPINS/NSIPS in advance of Petitioner's requested reenlistment date.  

Petitioner was discharged on 19 January 2019 and reenlisted on 20 January 2019 for a term of 5 years. 

This change will entitle Petitioner to a zone “A” SRB with an award level of 2.0 (30,000 dollar award ceiling) for the ET(SW) rate.  

A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

4.  It is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 

5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.